COVID-19 Updates
The Home Office have taken a number of steps to prevent people’s leave expiring due to the COVID-19 Crisis.
The updates below assume a level of knowledge of the immigration system.
Tier 2 migrant applications
There are number of positive changes to Tier 2. Firstly, those migrants that would have to leave the country in order to apply for entry clearance are allowed to apply in country, provided their current leave would expire before 31 May 2020. This will affect people who predominately are on Tier 5 Youth Mobility visas who would have had to apply out of country for Tier 2 (general), but can now submit from within the UK. The Applicants will still need a restricted, rather than an unrestricted CoS.
Tier 2 licence applications.
The Home Office have confirmed that documents for licence applications may be submitted electronically now, rather than in original format by post as has been the requirement until the current crisis. The documents which can be submitted electronically include the submissions sheet. This is welcome change and I hope one that may persist after the COVID-19 crisis is over.
Tier 2 Furloughs
Where Tier 2 employees have been furloughed, it is our company policy that their wages should still exceed the minimum requirement for their SOC. It may be that these rules are relaxed in future but for now, our advice is to continue to ensure employees are paid above the requirements of their SOC.
Other applications
People who required an English language or Life in the UK test but cannot book these tests, have been advised to apply without them, where leave is due to expire. The Home Office will put the applications on hold until the Applicant is able to undertake the test and provide the Home Office with documents. This allows a person to apply before the expiry of their leave/visa and have their leave extended by 3C Immigration Act 1971 allowing the person to add to their application when they are able to do so.
Fresh Claims/ further submissions
Instead of needing to travel to Liverpool, further submissions for asylum applicants who have previously been refused leave as a refugee, can now be submitted online to a designated address. This will really assist those who have previously struggled to obtain the necessary funds to make the journey to Liverpool.
Appeals
Appeals are being adjourned currently with a push from the president of the IAC for hearings to be heard remotely and new ways of working are apparently being implemented. Hearings up to the end of June are likely to be adjourned, or replaced with new measures.